Macau updates

Arbitration & ADR

New Arbitration Law eradicates dual system
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 30 January 2020

The new Arbitration Bill was approved in general terms by the Legislative Assembly in 2018 and voted into law in November 2019. Once the New Arbitration Law enters into force in May 2020, Macau's dual arbitration system will cease to exist. This legislative cohesion is likely to encourage foreign investors and partners to choose Macau as their jurisdiction for disputes and strengthen its arbitration credentials internationally.

Government drafts new arbitration bill
  • Macau
  • 12 July 2018

Owing to Macau's current arbitration regime and the difficulties that it poses, foreign investors and partners typically choose other jurisdictions to resolve disputes. Therefore, the government has drafted a new arbitration bill which aims to promote Macau as a commercial arbitration centre between China and Portuguese-speaking countries and take full advantage of Macau's high number of bilingual professionals and its cultural and legal similarities to Portuguese-speaking countries.


Corporate & Commercial

Is 2019 novel coronavirus case of force majeure under Macau law?
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 02 March 2020

Although Macau has largely been spared the human toll of the 2019 novel coronavirus, the region's economy will suffer greatly in the short term. The unpredictable nature of the outbreak and the important human and economic costs deriving therefrom have led to inevitable questions, such as what kind of legal consequences can this virus entail? Further, if the severe economic downturn affects the fulfilment of contracts, could this be a case of force majeure, and could contracts be rescinded on this basis?


Private Client & Offshore Services

Contributed by Rato, Ling, Lei & Cortés Advogados
Data protection exemptions due to COVID-19
  • Macau
  • 07 May 2020

Although several entities have collected and processed personal data based on genuine public health reasons since the early stages of the COVID-19 outbreak, such activity lacked sufficient legal grounds in light of the obligation to notify the Office for Personal Data Protection (OPDP). In order to remedy this situation, the OPDP has published three authorisations which exempt entities that process personal data from the requirement to notify it of such processing.

Government adopts measures to fight COVID-19
  • Macau
  • 09 April 2020

In view of the speed with which COVID-19 spread throughout China, Macau implemented various preventive measures under the Law on the Prevention, Control and Treatment of Infectious Diseases. After more than 30 days without any new cases, some measures were revoked. However, in March 2020 – given the spread of the virus across the globe – Macau was forced to reinforce measures in order to contain the re-appearance of the virus in the region.

Is 2019 novel coronavirus case of force majeure under Macau law?
  • Macau
  • 27 February 2020

Although Macau has largely been spared the human toll of the 2019 novel coronavirus, the region's economy will suffer greatly in the short term. The unpredictable nature of the outbreak and the important human and economic costs deriving therefrom have led to inevitable questions, such as what kind of legal consequences can this virus entail? Further, if the severe economic downturn affects the fulfilment of contracts, could this be a case of force majeure, and could contracts be rescinded on this basis?

Macau responds to regulatory trends with new Cybersecurity Law
  • Macau
  • 20 February 2020

In June 2019 the Legislative Assembly of the Macau Special Administrative Region (SAR) enacted the Cybersecurity Law. Prior to this, no legislation covered cybersecurity issues in the Macau SAR. As such, this new law reflects the region's efforts to respond to the latest regulatory trends regarding privacy and security and establish a legal regime for such matters. The main purpose of the law is to protect the networks, systems and data of critical infrastructure operators of the Macau SAR.

New Arbitration Law eradicates dual system
  • Macau
  • 23 January 2020

The new Arbitration Bill was approved in general terms by the Legislative Assembly in 2018 and voted into law in November 2019. Once the New Arbitration Law enters into force in May 2020, Macau's dual arbitration system will cease to exist. This legislative cohesion is likely to encourage foreign investors and partners to choose Macau as their jurisdiction for disputes and strengthen its arbitration credentials internationally.


Shipping & Transport

New legal regime regulating taxi services
  • Macau
  • 28 November 2018

A new draft law proposes to reformulate the legal framework regulating Macau's taxi services. According to public opinion, taxi services are neither fulfilling customers' needs nor responding to the high demand caused by increased tourism. As the existing legal regime governing this sector has been in force for more than 18 years, reforms are long overdue. However, the new draft law has failed to satisfy public expectations as it provides no space for the use of app-based ride-hailing services.


Tech, Data, Telecoms & Media

Data protection exemptions due to COVID-19
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 08 May 2020

Although several entities have collected and processed personal data based on genuine public health reasons since the early stages of the COVID-19 outbreak, such activity lacked sufficient legal grounds in light of the obligation to notify the Office for Personal Data Protection (OPDP). In order to remedy this situation, the OPDP has published three authorisations which exempt entities that process personal data from the requirement to notify it of such processing.

Macau responds to regulatory trends with new Cybersecurity Law
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 21 February 2020

In June 2019 the Legislative Assembly of the Macau Special Administrative Region (SAR) enacted the Cybersecurity Law. Prior to this, no legislation covered cybersecurity issues in the Macau SAR. As such, this new law reflects the region's efforts to respond to the latest regulatory trends regarding privacy and security and establish a legal regime for such matters. The main purpose of the law is to protect the networks, systems and data of critical infrastructure operators of the Macau SAR.